BVLNC,J CRL.P.No.52 OF 2025 Page 1 of 6 DT: 06.01.2025 APHC010604722024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3368] MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 52/2025 Between: 1. TAPPETA CHANDRA OBUL REDDY @ THAPPETA CHANDRA OBULA REDDY, @ THAPPETA CHANDRA OBULA REDDY, S/O. CHINNA NARASIMHA REDDY, AGED ABOUT 49 YEARS, R/O. D.NO.3/10, GADDAMAYAPALLI VILLAGE, MYDUKUR MANDAL, YSR (KADAPA) DISTRICT ....PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its SHO, Mydukur U/G PS YSR (Kadapa) District Through its Public Prosecutor, High Court of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SHAIK MOHAMMED ISMAIL Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: BVLNC,J CRL.P.No.52 OF 2025 Page 2 of 6 DT: 06.01.2025 THE HON’BLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL PETITION No.52 of 2025 O R D E R: Heard Sri Shaik Mohammed Ismail, learned counsel for petitioner and learned Additional Public Prosecutor representing the State/respondent. 02. The Criminal Petition is filed U/s.482 of Criminal Procedure Code, 1973 (hereinafter referred to as “Cr.P.C.’) to quash the order passed in Crl.M.P.No.902 of 2024, dated 19.03.2024 in P.R.C.No.03 of 2024 on the file of Judicial Magistrate of First Class, Mydukur. 03. Learned counsel for the petitioner would submit that the petitioner filed application under Sections 451 and 457 of Cr.P.C. for release of Tractor bearing No.AP 04 OT 3014, which was seized during investigation of the case. 04. He would further submit that the petitioner is the registered owner of the said vehicle, which requires for his agricultural work, and the learned Magistrate refused the request of the petitioner on the ground that the said vehicle is necessary for trial before the Court of sessions. BVLNC,J CRL.P.No.52 OF 2025 Page 3 of 6 DT: 06.01.2025 05. He would further submit that the learned Magistrate failed to follow the judgment of the Hon’ble Apex Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat. 06. Learned Additional Public Prosecutor representing the State takes notice for the respondent. 07. Admittedly, the impugned vehicle was seized during investigation of the above case. It appears that the petitioner filed application under Sections 451 and 457 of Cr.P.C. seeking interim custody of the vehicle, claiming that he has registered owner, and he needs the vehicle for his agricultural work, but the learned Magistrate oblivious of the judgment of the Hon’ble Apex Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat, and refused the request of the petitioner on the ground that the said vehicle is required for trial before the Sessions Court. 08. The Hon’ble Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat1, observed that “the property seized in criminal cases can be released for interim custody by taking photographs/videographs and preparing delivery proceedings to avoid damage to the properties. Further, the said proceedings, photographs 1 AIR 2003 SC 638 BVLNC,J CRL.P.No.52 OF 2025 Page 4 of 6 DT: 06.01.2025 and videographs taken at the time of release of the vehicle for interim custody can be used as evidence during trial of the case”. 09. Considering the facts and circumstances of the case, and in view of the judgment of the Hon’ble Apex Court referred above, the order of the learned Magistrate is not sustainable in law, and liable to be set aside. 10. Hence, the order passed by the learned Judicial Magistrate of First Class, Mydukur, in Crl.M.P.No.902/2024 in P.R.C.No.3/2024 is set aside. The matter is remitted to the learned Magistrate with a direction to consider the application afresh, and pass orders as per guide lines laid down by the Hon’ble Apex Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat, and dispose of the said application as expeditiously as possible on hearing both sides, preferably within a period of ten (10) days, from the date of receipt of copy of the order. 11. Accordingly, the Criminal Petition is disposed of at the stage of admission. BVLNC,J CRL.P.No.52 OF 2025 Page 5 of 6 DT: 06.01.2025 As a sequel, interlocutory applications pending, if any, shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 06.01.2025 Pmk BVLNC,J CRL.P.No.52 OF 2025 Page 6 of 6 DT: 06.01.2025 08 THE HON’BLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL PETITION No.52 OF 2025 6th January, 2025 Pmk